Category: Motion to Dismiss

On January 13, 2022, Justice Chan of the New York County Commercial Division issued a decision in Finkelstein v. Bank of N.Y. Mellon, 2022 NY Slip Op. 30186(U), holding that a complaint may be verified by counsel when counsel has personal knowledge of investigations into the relevant claims . . . Continue reading Complaint May Be Verified by Counsel When Counsel Has Personal Knowledge of Investigations into the Relevant Claims

On October 26, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Xiaoyan Lu v. Sagewood SFF III LLC, 2021 NY Slip Op. 32285(U), holding that allegations made upon information and belief are sufficient when the facts are peculiarly within the defendant’s knowledge . . . Continue reading Allegation Made Upon Information and Belief Sufficient When Facts Peculiarly Within Defendant’s Knowledge

On August 18, 2021, the Second Department issued a decision in Grocery Leasing Corp. v. P&C Merrick Realty Co., LLC, 2021 NY Slip Op. 04702, holding that a defendant cannot move to dismiss a claim that is not asserted against it . . . Continue reading Defendant Cannot Move to Dismiss Claim That is Not Asserted Against It